(CNN Spanish) — Also known as parole or humanitarian permit for people outside the United States, the humanitarian visa is the option for those who have an urgent humanitarian or public interest reason to remain temporarily in the United States.
What is a humanitarian visa?
Although the Citizenship and Immigration Services (USCIS, for its acronym in English) of the United States does not give a regulatory definition on the term “urgent humanitarian reasons”, officials evaluate case by case in which they consider factors such as the sensitivity of the circumstances in which the applicant and the degree of suffering that may result if the permit is not authorized.
A humanitarian visa allows foreign nationals to live and work in the United States without being formally admitted to the country under Immigration Law. It is important to note that this process cannot be used to circumvent denied visa applications or to avoid applying for a waiver. Additionally, USCIS may deny a humanitarian visa application if it is used to circumvent other visa requirements.
The USCIS establishes that anyone can apply for the temporary stay humanitarian visa, but it is generally granted to people with medical or emergency situations or who need to be in the country for reasons of public interest.
According to the USCISexamples of urgent humanitarian circumstances could include, but are not limited to:
- Receive medical treatment in the United States
- Donate organs to a person who is in the United States
- Reunite with a family member who is in the US for urgent humanitarian reasons
- Caring for or providing support to a family member who is in the US with a serious or terminal illness
- Attend a funeral or coordinate matters related to a deceased relative in the US.
- Coming to the US to protect yourself from persecution or personal harm
- Participate in legal proceedings in the US
An important factor considered when determining whether the Department of Homeland Security (DHS) will exercise discretion in granting the temporary humanitarian visa is whether the beneficiary will have a means of support while in the United States, according to USCIS. . For this, it is required to present evidence of a sponsor that will provide financial assistance to the beneficiary of a permit.
The USCIS warns that if you do not provide evidence of financial support for your stay in the United States, it will be taken as “a negative factor of weight” that could result in the denial of the temporary humanitarian visa.
How to process a humanitarian visa?
- To request it, it is necessary to complete and sign the Form I-131, Application for Travel Document
- You must also complete and sign the form I-134, Affidavit of Supportin which he will demonstrate that “he will not become a public charge” while he remains in the United States.
- Pay and attach additional documentation that supports the request such as medical reports, letters, death certificates, that is, with all the additional and detailed supporting documentation that serves to demonstrate that an emergency exists.
- Once the documentation is submitted, USCIS responds by letter to the applicant between 90 and 120 days after submission.
- In some cases, you will be required to appear for an interview.
- In cases of urgency, it is possible that in a matter of days the permit can be accessed.
How much does the humanitarian permit cost?
The fee varies depending on the age of the applicant. For a 27-year-old person, the price of the procedure is US$ 575, for example. Here you can calculate the rate, just select the corresponding form (I-131), your age and the type of procedure you want to carry out (in this case, it would be Temporary Foreign Travel).
In case you cannot cover the cost of the humanitarian visa, you can apply for a fee waiver and show that you cannot afford it. If you require more information about this process you can find it in this link.